Huntington Beach Municipal Code Ch. 14.20 Water Main Extensions

Any person, as owner or subdivider of a single lot, subdivision or tract of land, who desires the extension of water mains and services to such lot, subdivision or tract of land, shall file a written application with the Water Department. Any number of persons may join together in a single application.

A. The Water Department shall determine the size, locations and total costs for such extension, and shall on approval of such extension, collect from the applicant a deposit covering the total estimated cost of installing all facilities from the nearest existing main line of adequate capacity.

B. The term "all facilities" includes distribution mains, services, fire hydrants, etc.

C. If and when the applicant has complied with all requirements of the Water Department and made the deposit as herein required, the Water Department shall install such mains and services, subject to provisions of subsection D of this section, such line shall thereupon become and remain the property of the City Water Department.

D. In the event the deposit was in excess of the actual cost of installation the excess amount shall be returned to the applicant. In the event the deposit was less than the actual cost of installation the applicant shall immediately pay to the Water Department the deficit.

E. If in the opinion of the Superintendent of the Water Department it is for the best interests of the City, he or she may authorize the applicant to install the extension lines at applicant's sole cost and expense in accordance with specifications approved by the superintendent, and such line shall thereupon become and remain the property of the City Water Department.

(674-12/57)

Whenever an application for extension of a main line is received, the superintendent shall determine whether the best interests of the City water system would be served by a line larger than required by the applicant's need. In the event the superintendent so determines, he or she shall require the larger size line to be installed.

(674-12/57)

The determination of the Superintendent of the Water Department as to the size of the line necessary to meet applicant's need and his or her determination of the size of the line which would best serve the interest of the City water system shall be final and binding on applicant.

(674-12/57)

When the Superintendent of the Water Department has determined that the City water system will be best served by a line larger than needed for applicant's use, the superintendent shall require the installation of such oversize line in accordance with the provisions of Section 14.20.010.

(674-12/57)

The cost of installing the oversize line shall be paid for by the applicant, subject to the provisions for refunds as hereinafter set forth.

(674-12/57)

Notwithstanding any other provision of this chapter, the payment of refunds shall be governed as follows:

A. Refunds shall be payable for a period of five years only from the date of the Director of Public Works acceptance of a main line extension.

B. Refunds for oversize water mains shall be made from fees derived from subsequent development as set forth in Section 14.20.010 of the Huntington Beach Municipal Code.

C. Refunds shall not exceed 90% of off-site construction costs.

D. Refunds shall bear no interest.

E. Refunds shall be payable only to the original applicant or applicants. Upon death of applicant, the right to refund shall terminate. In the event applicant is a partnership or corporation, the dissolution of the partnership or corporation shall terminate the right to refund.

F. The City and City Water Department shall not be liable for payment of any refund by reason of its failure to collect or receive from any person the service fee for connecting into the main line paid for by applicant.

G. The City Water Department's refusal to allow any connection or connections into the main line paid for by applicant shall not make the City or City Water Department liable to applicant for any refund which might have accrued to applicant if such connection had been permitted.

H. The City retains the right to allow a connection by any public agency exempted from payment of connection fees and the City shall not be liable to applicant for refund because of the connection.

I. Refunds for off-site water main extensions shall be made from fees derived from subsequent development at the rate set forth in Section 14.20.010.

(674-12/57, 2196-7/77)

Whenever land is to be subdivided, any water wells, mains and easements needed therefor, which may be appurtenant thereto or which may be used exclusively thereon, shall be deeded to the City in consideration of the City approving any application for City water to be placed on such tract or subdivision. The deed to the City shall be executed before any such application shall be approved by the superintendent. However, where water wells and equipment, as described above, are used to supply water to additional land not subdivided, the City may allow such wells and equipment to continue to supply such unsubdivided portion until such time as such parcel is subdivided into four or more parcels of land containing five acres or less.

(674-12/57)